A Barnsley-based haulier that carried motorbikes to track events across Europe did not have a functioning transport manager in place for more than two years, a public inquiry (PI) heard.
Redline Trackdays came to the attention of deputy traffic commissioner (TC) Nick Denton after the DVSA stopped one of its vehicles in April 2022 and issued it with a prohibition for a defective shock absorber.
A follow-up site visit found it had been using an unauthorised operating centre for eight months and transport manager Mark Spiby had resigned the previous month with no replacement being found.
Ahead of a Leeds PI that took place eight months later, the deputy TC was sent maintenance and drivers’ hours records that showed intervals between PMIs were still sometimes being extended beyond eight weeks; the company was still failing to record any form of brake tests; and some drivers continued to commit numerous infringements.
Spiby attended the hearing and confirmed evidence he had provided, which explained how he was not shown tachograph and maintenance records by the company and so he had resigned.
He also admitted that he had never visited the operator’s premises.
Redline’s director Dean Pearce said that he had lost sight of the need to apply to use the new operating centre, due to
Covid-related problems.
Pearce also said there had also been a chaotic track event in Qatar, with many bikes marooned at sea, and this had engaged his attention for some time.
He did not have an explanation for why he had not involved the transport manager more.
In his decision, deputy TC Denton said it was unlikely that the firm would comply in the future. “Brake testing is still non-existent; drivers’ hours are still a mess,” he said. “The consequence of a lack of a functioning transport manager – a conscious act by the company – was widespread non-compliance and a danger to other road users posed by vehicles whose brakes were not being tested and at least one of which carried a wholly unsecured load.”
Denton refrained from disqualifying Pearce, but disqualified Spiby for 12 months, although he added that he was impressed by the transport manager’s honesty at the PI.
